Maine Revised Statutes Title 34-B Sec. 3604 – Commissioner’s powers
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1. Provision of services. The commissioner may provide mental health services throughout the State and for that purpose may cooperate with other state agencies, municipalities, persons, unincorporated associations and nonstock corporations.
[PL 1983, c. 459, §7 (NEW).]
Terms Used In Maine Revised Statutes Title 34-B Sec. 3604
- Commissioner: means the Commissioner of Health and Human Services or the commissioner's designee, except that when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Health and Human Services and not to any designee. See Maine Revised Statutes Title 34-B Sec. 1001
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 34-B Sec. 1001
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Mental health services: means out-patient counseling, other psychological, psychiatric, diagnostic or therapeutic services and other allied services. See Maine Revised Statutes Title 34-B Sec. 3601
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Funding sources. The commissioner may receive and use for the purpose of this subchapter money appropriated by the State, grants by the Federal Government, gifts from individuals and gifts from any other sources.
[PL 1983, c. 459, §7 (NEW).]
3. Grants. The commissioner may make grants of funds to any state or local governmental unit, or branch of a governmental unit, or to a person, unincorporated association or nonstock corporation, which applies for the funds, to be used in the conduct of its mental health services.
A. The programs administered by the person or entity shall provide for adequate standards of professional services in accordance with state statutes. [PL 1983, c. 580, §8 (RPR).]
B. The commissioner may require the person or entity applying for funds to produce evidence that appropriate local, governmental and other funding sources have been sought to assist in the financing of its mental health services. [PL 1983, c. 580, §8 (RPR).]
C. After negotiation with the person or entity applying for funds, the commissioner may execute a contract or agreement for the provision of mental health services which reflects the commitment by the person or entity of local, governmental and other funds to assist in the financing of its mental health services. [PL 1983, c. 580, §8 (NEW).]
D. Beyond the commissioner’s assuring through program monitoring and auditing activities that an equitable distribution of the funds committed by contract or agreement to assist in the financing of mental health services are actually provided, it shall be the prerogative of the person or entity providing services to apportion other nonstate funds in an appropriate manner in accordance with its priorities, service contracts and applicable provisions of law. [PL 1983, c. 580, §8 (NEW).]
E. Any new contract must be awarded through a request-for-proposal procedure and any contract of $500,000 per year or more that is renewed must be awarded through a request-for-proposal procedure at least every 8 years, except for the following.
(1) A renewal contract with a provider is not subject to the request-for-proposal procedure requirement if the contract granted under this subsection is performance based.
(2) Notwithstanding subparagraph (1), the department shall subject a contract to a request-for-proposal procedure when necessary to comply with paragraph G. [PL 1997, c. 381, §2 (AMD).]
F. The commissioner shall establish a procedure to obtain assistance and advice from consumers of mental health services regarding the selection of contractors when requests for proposals are issued. [PL 1991, c. 452, §1 (NEW).]
G. A contract under this subsection that is subject to renewal must be awarded through a request-for-proposal procedure if the department determines that:
(1) The provider has breached the existing contract;
(2) The provider has failed to correct deficiencies cited by the department;
(3) The provider is inefficient or ineffective in the delivery of services and is unable or unwilling to improve its performance within a reasonable time; or
(4) The provider can not or will not respond to a reconfiguration of service delivery requested by the department. [PL 1993, c. 624, §2 (NEW).]
[PL 1997, c. 381, §2 (AMD).]
4. Cooperative planning required; grant recipients and correctional authorities. As a condition for receipt of state mental health funding, providers of community mental health services to persons with serious mental illness shall develop with state and local correctional authorities cooperative plans for the provision of services to those persons. These plans must include at least the following:
A. Procedures for timely referral of persons with serious mental illness to community-based mental health services; [PL 1995, c. 431, §3 (NEW).]
B. Provision for the treatment and support of persons with serious mental illness in correctional facilities and commitment of funds within available resources; and [PL 1995, c. 431, §3 (NEW).]
C. Procedures for referrals of individuals with serious mental illness to local providers of comprehensive mental health services following release from correctional facilities, including mechanisms for developing comprehensive treatment plans before the release from correctional facilities of persons with serious mental illness. [PL 1995, c. 431, §3 (NEW).]
Providers of community mental health services and other public providers of comprehensive services to persons with serious mental illness that fail to participate in the development of plans to serve this population are not eligible for state funding for the provision of mental health services.
[PL 1995, c. 431, §3 (NEW).]
5. Exclusion. Beginning October 1, 1996, an entity that applies for the award or renewal of a grant or contract for the provision of mental health services must be a participating member of the community service network, as established in section 3608, for the region of the State subject to that grant or contract.
[PL 2013, c. 132, §2 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1983, c. 580, §8 (AMD). PL 1991, c. 452, §1 (AMD). PL 1993, c. 624, §§1,2 (AMD). PL 1995, c. 431, §3 (AMD). PL 1995, c. 691, §6 (AMD). PL 1997, c. 381, §2 (AMD). PL 2007, c. 286, §5 (AMD). PL 2013, c. 132, §2 (AMD).